Los Angeles daily herald., 1887-04-05
Ayers Sars sapar;sE2.
PROCLAMATION! J!
STA OF CALIFORNIA,
ExrcIrrIuE DEP RTMEr

SACRAMENro, Maj CHI Is, 1872
WHEREAS, the Legislature OF the State OF
California, at its twenty-seventh session, be-
ginning on the third day of January, A. d.
eighteen hundred and eighty-seven, two
thirds of all the members elected to each OF
the two Houses of said Legislature voting in
favor thereof, proposed the following de-
scribed amendments to the Constitution OF
the State of California, to wit:
AMENDMENT NUMBER ONE.
To propose to the people of the State an
amendment to the Constitution of the
State. relative to the Judiciary Depart
ment.
Resolved, That the Legislature of the State
of California, at its regular session. COM
mencing on the third day of January, A. d.
eighteen hundred and eighty. seven, two
thirds of all the members elected to each OF
the Houses of said Legislature vo ing in fa-
thereof hereby y% e, that TIA sections
tion OF SAID Sta.e be amended to read as
Section 2. The Supreme Court shall CO n
sist of seven Justices The Associate JUS
tices of the Supreme Court, in office at the
time of The adoption of this amendment to
the Constitution are hereby continued in
Office as Justices OF the Supreme Court for
the remainder okthe terms to which they
were respectively elected. The Justices
shall elect one of their number TO be Chief
Justice, and he shall hold the office of Chief
Justice of said court for q term OF two
years At the expiration Of the term of the
Chief Justice first elected, and every two
years thereafter the Justices shall elect
Chief Justsce for like term of two years.
An entry OF the election of such Chief Jus
tice shall be made in the minutes of the
court and signed by four Justices. When
ever thereafter vacancy occurs In the Of
fee OF Chief Justices like election shal, hall
term. The Supreme Court may sit in de-
partments or In bank, and shall always be
open for the transaction of business There
shall be two departments, denominated. re
Two. The Chief Justice shall assign three
of the Justices to each department, and
such assignment may be changed bv him
from time to time. The Justices shall be
competent to sit in either department.. and
may interchange with each other by agree
ment among Themselves or as ordered by
the Chief Justice. Each of the department.
shall have the power to hear and determine
causes and all questions arising therein,
subject to the provisions hereinafter con
tanned in relation to the Court In bank. The
presence OF three Justices shall be necessary
to transact any business in either of the de-
partments, except such as may be done at
chambers, and the concurrence OF two Jus
judgment. The Chief Justice shall apportion
the business to the departments and m y.
in his discretion, order any cause pending
before the Court to be heard and decided by
the Court in bank. The order may be made
before or after judgment pronounced by a
department; but wnere cause has been al
lotted to one Of the departments, and judg-
ment pronounced thereon, the order mus
be made within thirty days after such judg-
ment and concurred in by twOJ Justices, and I
= IA Ill L,w, kt,< 60. fr.x nat =
set aside the judgment. Any four Justices
may, either before or after Judgment by q
department. order case to be heard In
bank. If the order be not made within the
time above limited, the judgment shall be
become final until the expiration of the
period of thirty days aforesaid, unless ap-
proved by the Chief Justice. In writing,
with the concurrence OF two Justices. The
Chief Justice may convene the Court In
bank at any time. and shall be the presiding
Justice of the Court when so convened. The
concurrence of four Justices present at the
argument shall be necessary to pronounce
Judgment in bank; but II four Justices, SO
present, do not concur in a judgment, then
ali the justices qualified to sit in the cause
shall hear the argument; but TO render a
judgment q concurrence of four Judges
shall be necessary. In the determination
of causes all decisions of the Court In
bank, or in departments, shall be given
in writing and the grounds of the decision
shall be stated. The Chief Justice may sit
in either department., and shall preside
when so sitting, but the Justices assigned
to each department shall select one of their
number al presiding Justice. In case of
the absence of the Chief Justice from the
pl 1ce at which the court is held, or his ina
bility to act, the Associate Justices shall se-
lect one of the own number to perform
Chief Justics during such absence or ina
bility to act. The Supreme Court Commits
sion. created by the act of the Legislature,
approved March twelfth, eighteen hundred
and eighty five, shall continu and be Su-
preme Court Commission Tor tour years az,
may be continued for such
time thereafter rs may be fixed by an act
passed by vote of two.thirds OF the elected
members of each House of the Legislature,
and approved by the Governor. the IN mem
pointed as in said act provided; and such
commissioners shall be subject to removal
In like manner as the Judges OF the Su-
preme Court. Said commission shall have
,he same power to hear and determine
supreme Court, and causes may beassigned
% the commission in the same manner they
ire assigned to department. and after de-
,ision they may be ordered heard In bank
n the same way, and with ike restrictions
nents of the commission shall be entered
IS the judgments of the court. The COM
mission shall sit at such times and places as
nay be designated by the court, but such
shall not exercise any
udiciai functions except when assem-
,led as a commission, and then they |
hall only have power to hear and deter |
nine suchcausesa as may have been assigned
% them.
Section 8. The Justices of the Supreme |
Court shall be elected by the qualified |
electors OF the State at large, at the general |
state elections. and the times and places at /
'sr1 q once shall b twelve ysaxs from